w w w . L a w y e r S e r v i c e s . i n



J. Pandidurai v/s The Chairman, Tamilnadu Uniformed Services Recruitment Board, Anna Salai & Others


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Company & Directors' Information:- E AND A SERVICES (INDIA) PRIVATE LIMITED [Under Process of Striking Off] CIN = U51900MH1989PTC054373

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Company & Directors' Information:- SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74140DL1996PTC078465

Company & Directors' Information:- G I SERVICES INDIA LIMITED [Active] CIN = U74140DL2008PLC184088

Company & Directors' Information:- E AND E SERVICES LIMITED [Strike Off] CIN = U65992KL1988PLC005094

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Company & Directors' Information:- B H SERVICES (INDIA) PRIVATE LIMITED [Active] CIN = U74999MH2012FTC227035

Company & Directors' Information:- A R SERVICES PRIVATE LIMITED [Active] CIN = U00000DL2001PTC109578

Company & Directors' Information:- J AND J SERVICES PRIVATE LIMITED [Active] CIN = U51900MH1995PTC092554

Company & Directors' Information:- L B D SERVICES PRIVATE LIMITED [Active] CIN = U00359BR1991PTC004694

Company & Directors' Information:- A A G RECRUITMENT PRIVATE LIMITED [Strike Off] CIN = U74910DL2005PTC140566

Company & Directors' Information:- A 2 Z E SERVICES PRIVATE LIMITED [Strike Off] CIN = U72200KA2006PTC039105

Company & Directors' Information:- M P SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013531

Company & Directors' Information:- B I N A R Y SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U72900DL2000PTC103072

Company & Directors' Information:- M C SERVICES (INDIA) PRIVATE LIMITED [Strike Off] CIN = U74999PN1999PTC013532

Company & Directors' Information:- D & D SERVICES INDIA PRIVATE LIMITED [Strike Off] CIN = U51909DL1998PTC093967

Company & Directors' Information:- S C L SERVICES PRIVATE LIMITED [Active] CIN = U63012TN2001PTC046650

Company & Directors' Information:- A B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140DL1998PTC093545

Company & Directors' Information:- G P SERVICES PRIVATE LIMITED [Strike Off] CIN = U74899DL1989PTC037683

Company & Directors' Information:- T S SERVICES PRIVATE LIMITED [Strike Off] CIN = U85320WB2003PTC095712

Company & Directors' Information:- A. S. V. P. SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999HR2014PTC052304

Company & Directors' Information:- R AND T SERVICES PRIVATE LTD. [Strike Off] CIN = U72501DL1998PTC096640

Company & Directors' Information:- S S SERVICES PVT LTD [Strike Off] CIN = U74140WB1988PTC044009

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Company & Directors' Information:- V & V SERVICES PRIVATE LIMITED [Strike Off] CIN = U74990MH2010PTC206211

Company & Directors' Information:- D S SERVICES PRIVATE LIMITED [Strike Off] CIN = U65923MH2012PTC226482

Company & Directors' Information:- P AND I SERVICES PRIVATE LIMITED [Active] CIN = U63090MH1981PTC024997

Company & Directors' Information:- F F C SERVICES PRIVATE LIMITED [Active] CIN = U74900PN2014PTC153348

Company & Directors' Information:- R. B. SERVICES PRIVATE LIMITED [Active] CIN = U74999MH2017PTC302692

Company & Directors' Information:- Q C SERVICES PRIVATE LIMITED [Active] CIN = U74999PN2013PTC148110

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Company & Directors' Information:- R M E-SERVICES PRIVATE LIMITED [Active] CIN = U72300DL2007PTC166470

Company & Directors' Information:- A Y SERVICES PRIVATE LIMITED [Active] CIN = U74140DL2012PTC239759

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Company & Directors' Information:- S & V SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2015PTC287145

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Company & Directors' Information:- M K R SERVICES PRIVATE LIMITED [Strike Off] CIN = U93000DL2012PTC242159

Company & Directors' Information:- G W SERVICES PVT LTD [Strike Off] CIN = U79140DL2001PTC111194

Company & Directors' Information:- B 2 B SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140HR2013PTC049213

Company & Directors' Information:- J S RECRUITMENT PRIVATE LIMITED [Strike Off] CIN = U74900KA2013PTC071109

Company & Directors' Information:- R K SERVICES PRIVATE LIMITED [Active] CIN = U45200HR2007PTC041783

Company & Directors' Information:- A. R. T. SERVICES PRIVATE LIMITED [Active] CIN = U51900GJ2009PTC056248

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Company & Directors' Information:- 7-A SERVICES PRIVATE LIMITED [Active] CIN = U74999DL2019PTC359011

Company & Directors' Information:- L K E SERVICES PRIVATE LIMITED [Active] CIN = U74999RJ2021PTC073635

Company & Directors' Information:- F I SERVICES PRIVATE LIMITED [Strike Off] CIN = U74999DL2001PTC113001

Company & Directors' Information:- C R D SERVICES PVT LTD [Active] CIN = U72300AS1988PTC003097

Company & Directors' Information:- B I M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140KA1974PTC002694

Company & Directors' Information:- T Q M SERVICES PVT. LTD. [Strike Off] CIN = U74140DL1999PTC101341

Company & Directors' Information:- B AND M SERVICES PRIVATE LIMITED [Strike Off] CIN = U74140MH1977PTC019880

Company & Directors' Information:- M J B E-SERVICES PRIVATE LIMITED. [Strike Off] CIN = U72400DL2006PTC150832

    W.P.(MD). No. 18399 of 2020 & W.M.P.(MD). No. 15392 of 2020

    Decided On, 14 December 2020

    At, Before the Madurai Bench of Madras High Court

    By, THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY

    For the Petitioner: M/s. M. Shobana, Advocate. For the Respondents: K. Chellapandian, Additional Advocate General Assisted by M. Jeyakumar, Additional Government Pleader.



Judgment Text

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the 2nd respondent in his proceedings C.No.D2/3543/2020 dated 14.08.2020 quash the same and consequently directing the respondents to issue an order of appointment to the petitioner as Grade II Police along with the selected candidates in the Notification No.1/2020 dated 17.09.2020 with pay all other monetary and service benefits.)1. This Writ Petition is filed to quash the impugned order passed by the 2nd respondent in proceedings No.C.No.D2/3543/2020, dated 14.08.2020 and to direct the respondents to issue an order of appointment to the petitioner as Constable Grade-II.2. By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.3. The learned counsel appearing for the petitioner would submit that in pursuant to the notification No.1/2019 issued by the 1st respondent, the petitioner applied for the post of police Constable Grade-II through online along with Form-2 certificate under the sports quota. Thereafter, the petitioner was called for written examination and after successfully completing the written examination, he was called for physical efficiency test.4. The learned counsel would further submit that the petitioner has also successfully completed the physical efficiency test and therefore, he was called for certificate verification scheduled to be held on 21.11.2019 and the petitioner has also participated in the certificate verification. In the meantime, the petitioner got a message from AX-TNUSRB, wherein, it had been mentioned that the certificate submitted by the petitioner is not recognized by the Sports Development Authority of Tamilnadu and therefore, his application was transferred to General quota, which is arbitrary and illegal.5. Thereafter, the petitioner has made a detailed representation, dated 19.03.2020 to the respondents along with Form-3 certificate, requesting them to consider his Form-3 certificate given by the Tamilnadu Physical Education University and to appoint him as Constable Grade-II under the sports quota. But, the 2nd respondent had rejected the petitioner's claim and passed the impugned order, dated 14.08.2020. Challenging the same, the petitioner is before this Court.6. Mr.K.Chellapandian, learned Additional Advocate General assisted by Mr.M.Jeyakumar, learned Additional Government Pleader would submit that the petitioner has not uploaded the Form 3 certificate, while applying for the said post and now the entire selection process have been completed. He would further submit that though the impugned order was passed on 14.08.2020, the petitioner has filed the present writ petition, after a period of 3 months, ie., on 10.12.2020. The learned Additional Advocate General, in support of his contention, relied on the impugned order, dated 14.08.2020, wherein, it had been stated as follows:-“2. It is hereby informed that you are a candidate for the recruitment of Grade II PC 2019 under sports quota. You have uploaded your Form-2 Sports certificate and based on your online application you were allowed for written exam and PMT/ET/PET/CV.3. During the certificate verification by the Thoothukudi Sub-Committee, it was found that you have not produced the recognized Form/I/II/III sports certificate which is mandatory to consider you under sports quota. The eligibility for applying under 10% sports quota has been enumerated in Para IX, A(5) in the notification and in Para 7(1) of the Information brochure which mandates the candidate to upload Form-I/Form-II/Form-III certificate issued by the Authorised Authorities. The Tamilnadu Rural Games Association which had issued the Form-2 certificate uploaded by you is not recognized by Sports Development Authority of Tamil Nadu, Tamil Nadu Olympic Association and Indian Olympic Association. Hence, the Form-2 certificate enclosed by you was not considered and your status was changed from “Sports category” to “General category” and subsequently you were not provisionally selected.4. Aggrieved over the Non-selection you have filed a writ petition in W.P.(MD) No.7226 of 2020 before the Hon'ble Madurai Bench of Madras High Court with the prayer to consider your representation dated 19.03.2020.5. The Hon'ble High Court through its order dated 03.07.2020 directed the Board to consider your representation dated 19.03.2020. The Board hereby informs you that you have failed to submit the eligible Form I/II/III certificate to be considered under Sports quota along with your online application within the stipulated time. The board had completed the recruitment process and the final provisional selection list was published on 04.02.2020. Training also commenced on 03.05.2020.6. While so you had sent a representation to the board on 19.03.2020 enclosing a Form-3 certificate issued by the Tamil Nadu Physical Education University and requested to appoint you under sports quota. Inspite of the clear instructions given in Para IX, A(5) in the notification and in Para 7 (1) of the information brochure, you have failed to upload the eligible sports certificate along with your online application within the stipulated time. Hence, for the aforesaid reasons your request cannot be considered.”7. For the aforesaid submission, the learned counsel appearing for the petitioner prays this Court that the petitioner may be allowed to participate in the recruitment process for the said post, in future, under sports quota.8. In reply, the learned Additional Advocate General would submit that if the petitioner applies for the said post in future along with necessary certificates including the Form 3 certificate in a proper manner, his application may be considered on merits and in accordance with law by the respondents.9. Heard the learned counsel on either side and perused the materials available on record.10. On a perusal of the papers, prima facie, it appears that without uploading the Form 3 certificate, the petitioner has applied for the post of Constable Grade II along with Form 2 certificate and therefore, the 2nd respondent has passed the impugned order, dated 14.08.2020. Further, it appears that though the petitioner's candidature has been rejected, vide impugned order, dated 14.08.2020, the petitioner has came up before this Court after a period of 3 months, instead of approach

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ing this Court immediately. Even if the petitioner came up before this Court in the right time, the writ petition could not be entertained, since the petitioner has failed to uploaded the Form 3 certificate, while applying for the said post.11. In such view of the above, I do not find any illegality in the impugned order, dated 14.08.2020. However, this Court hopes that if the petitioner applies for the said post in future along with necessary certificate including the Form 3 certificate, his application may be considered on merits and in accordance with law by the respondents.12. With the above observation, the Writ Petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
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